127 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision : 05.02.2026 SHRAYANSH JAIN ....Petitioner Versus M/S ALGEBRA CONSTRUCTION & ORS ...Respondents CORAM: HON'BLE MR. JUSTICE PANKAJ JAIN Present : Mr. Vilas Sharma, Advocate for the petitioner.

PANKAJ JAIN, J. (ORAL)

Present revision petition is directed against order dated

07.07.2025 passed by Commercial Court whereby the application filed by the petitioner, under Order I Rule 10(2) CPC, seeking deletion of his name from the array of parties, has been dismissed.

2. Petitioner has been arraigned as defendant No.5 in a suit for specific performance filed by plaintiff/respondent. An application was moved by the petitioner/defendant No.5 seeking deletion of his name. As per the petitioner, he is neither a party to the collaboration agreement propounded by the plaintiff nor has acted in his personal capacity. Thus, he can neither be claimed to be a necessary nor proper party.

3. The application was opposed by the plaintiff asserting that defendant No.5 is necessary and proper party being director of defendant 4. Application filed by the plaintiff stands dismissed by the Trial Court referring to the specific allegations